Explanatory Notes

Export Control Act 2002

2002 CHAPTER 28

Summary

parliamentary scrutiny of secondary legislation made under the Act (section 13); and

restrictions upon the use of control powers to control goods, technology and technical assistance (section 5 and the Schedule).

6.The Act includes powers to:

impose controls on exports from the UK;

impose controls on the transfer of technology from the UK and by UK persons anywhere by any means (other than by the export of goods);

impose controls on the provision of technical assistance overseas;

impose controls on the acquisition, disposal or movement of goods or on activities which facilitate such acquisition, disposal or movement (this is often referred to as trafficking and brokering);

apply measures in order to give effect to EU legislation on controls on dual-use items (i.e. items with a civil and potential military application);

prescribe licensing procedures in respect of any of the controls imposed;

require the Secretary of State to report annually to Parliament on the controls imposed on both strategic and cultural exports under the Act;

require the Secretary of State to issue guidance about the general principles to be followed when exercising licensing powers;

enable penalties for export control offences to be imposed, increased or varied to reflect the seriousness of the offences.

The Act also contains provisions that prevent the Secretary of State from making a control order which prohibits or regulates certain activities (such as the making of information generally available to the public) unless the interference by the order in the freedom to carry on the activity in question is necessary (and no more than necessary).

7.The powers in the Act are conferred on the Secretary of State. In practice the Departments with direct responsibility for export controls are the DTI, who are responsible for strategic export controls, and the DCMS, who are responsible for the export control of objects of cultural interest.